Bill Text: NH SB487 | 2016 | Regular Session | Chaptered
Bill Title: Relative to missing vulnerable adults.
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Passed) 2016-06-20 - Signed by the Governor on 06/10/2016; Chapter 0256; Effective 08/09/2016 [SB487 Detail]
Download: New_Hampshire-2016-SB487-Chaptered.html
CHAPTER 256
SB 487 - FINAL VERSION
03/03/2016 0667s
11May2016... 1301h
2016 SESSION
16-2880
09/04
SENATE BILL 487
AN ACT relative to missing vulnerable adults.
SPONSORS: Sen. Stiles, Dist 24; Sen. Reagan, Dist 17; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Sen. Feltes, Dist 15; Rep. Sherman, Rock. 24; Rep. Wall, Straf. 6; Rep. J. Ward, Rock. 19
COMMITTEE: Health and Human Services
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ANALYSIS
This bill replaces the missing persons with a developmental disability and missing senior citizen alert program with the missing vulnerable adult alert program.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/03/2016 0667s
11May2016... 1301h 16-2880
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT relative to missing vulnerable adults.
Be it Enacted by the Senate and House of Representatives in General Court convened:
256:1 Chapter Heading. Amend the chapter heading of RSA 106-J to read as follows:
CHAPTER 106-J
MISSING [ADULTS, PERSONS WITH DEVELOPMENTAL DISABILITIES,
AND SENIOR CITIZENS]
ADULT PROGRAM AND MISSING VULNERABLE ADULT ALERT PROGRAM
256:2 Definitions; Missing Adult. Amend RSA 106-J:1, IV(a) to read as follows:
(a) The person is under proven physical or mental disability [or is senile], thereby subjecting himself or herself or others to personal and immediate danger;
256:3 Procedures. Amend RSA 106-J:2, I to read as follows:
I. Upon receiving notice of a missing adult, a law enforcement agency shall complete a missing person report by providing identifying and descriptive information about the missing adult within [72] 48 hours to the National Crime Information Center (NCIC) for inclusion in the missing person file of its computerized database.
256:4 Subdivision Heading. Amend the subdivision heading preceding RSA 106-J:3 to read as follows:
Missing [Persons With a Developmental Disability and
Missing Senior Citizen] Vulnerable Adult Alert Program
256:5 Missing Vulnerable Adult Alert Program. RSA 106-J:3-106-J:5 are repealed and reenacted to read as follows:
106-J:3 Definitions. In this subdivision:
I. "Caregiver" means any individual duly designated as a caregiver for a person who needs care assistance as a vulnerable adult. A caregiver includes, but is not limited to, a relative, paid caregiving professional, partner, friend, or neighbor who has a significant relationship with the person.
II. “Department” means the department of safety.
III. “Missing vulnerable adult” includes, but is not limited to, a missing adult who:
(a)(1) Is 18 years or older;
(2) Whose whereabouts are unknown;
(3) Whose last known whereabouts at the time he or she is reported missing is in New Hampshire; and
(4) Whose disappearance poses a credible threat to the safety and health of the person, as determined by a local law enforcement agency; and
(b)(1) Who has a mental or cognitive disability, such as dementia;
(2) Who has an intellectual or developmental disability;
(3) Who has a brain injury; or
(4) Who has another physical, mental, or emotional disability.
106-J:4 Program Established.
I. The department shall establish an alert program for missing vulnerable adults.
II. When a local law enforcement agency receives notice that a vulnerable adult is missing, the agency shall require the vulnerable adult’s family or legal guardian to provide information relative to the vulnerable adult’s impaired mental condition, intellectual or developmental disability, brain injury, or other physical, mental, or emotional disability. Once the local law enforcement agency is provided a statement from the vulnerable adult’s caregiver that the vulnerable adult is missing and has an impairment, the local law enforcement agency shall notify the department.
III. When notified by a local law enforcement agency of a missing vulnerable adult, the department shall issue an immediate alert. The alert shall be sent to designated media outlets in New Hampshire. Participating radio stations, television stations, and other media outlets may issue the alert at designated intervals. The alert shall include all appropriate information from the local law enforcement agency that may assist in the safe recovery of the missing vulnerable adult and a statement instructing anyone with information related to the missing vulnerable adult to contact his or her local law enforcement agency.
IV. The alert shall be canceled upon notification to the department that the missing vulnerable adult has been found or at the end of the notification period, whichever occurs first. A local law enforcement agency that locates a missing vulnerable adult who is the subject of an alert shall notify the department as soon as possible that the missing vulnerable adult has been located.
106-J:5 Rulemaking. The commissioner of the department shall adopt rules, pursuant to RSA 541-A, relative to:
I. A tiered approach to issuance of alerts.
II. Transparency and communication with the existing Medic Alert + Safe Return program or a similar program, including a mechanism to enroll individuals who are involved in wandering incidents in Medic Alert + Safe Return on the department’s website.
III. The process for reporting the information to designated media outlets in New Hampshire.
256:6 Effective Date. This act shall take effect 60 days after its passage.
Approved: June 10, 2016
Effective Date: August 9, 2016
